GOVERNMENT CAN MEET COLA DEMANDS - PSAS

 MBABANE – Public sector associations (PSAs) say government can either liquidate its assets to meet the demand for CoLA or seek financial assistance as it did in terms of the E1.1 billion note it was seeking from Parliament to fund the ICC.
This was the submission by the PSAs in the matter where government is seeking a final order interdicting them from continuing with their strike action.

According to the PSAs, government has allegedly demonstrated that it could meet their demand for cost- of- living- adjustment (CoLA).

Loan

In their opposing papers, the PSAs argued that government preferred to approach Parliament to ask for a loan of E1.1 billion for the International Convention Centre (ICC) and further funded the alleged brutal beating of lawful peaceful protestors.
It was further their contention that government had allegedly spent money on security personnel as opposed to meeting their demands.
The PSAs, which consists of the National Public Services and Allied Workers Union (NAPSAWU) and the Swaziland National Association of Teachers (SNAT), made these submissions in the matter where government obtained an interim order interdicting them from continuing with their strike action.

In his founding affidavit, SNAT Secretary General Sikelela Dlamini, averred that it was not a defence nor a ground to rely on for the balance of probabilities to favour government that it did not have money to meet the demands.
He submitted that to hold the applicant accountable and force it to make payment was in no way politically motivated nor was it unlawful to do so.

He contended that for an interdict to be granted, one must have a clear right to same and must show irreparable harm which was not occasioned by his own default.
Dlamini argued that the application by government was an attempt to undermine the PSAs rights and recourse and that should not be permitted.

Security

“It is denied that the PSAs have abused the legality of the industrial action and that they have threatened national security in any way,” submitted Dlamini.
He claimed that it was the conduct of the armed forces under the control of government that was violent to an extent that innocent individuals were injured.

According to Dlamini, in Manzini, an innocent bystander who was minding her business, who had nothing to do with the peaceful demonstration, was shot with live ammunition.
Dlamini claimed that when the bystander was shot, she was surrendering herself to the police and might lose two of her fingers.
He told the court that it was this conduct by the police and the other armed forces that was allegedly violent and aggressive towards the members of the PSAs.

Undermine

He submitted that the application for a final order filed by government to interdict the strike action was an attempt to undermine the respondents’ rights and recourse
On October 2, 2019, Industrial Court Judge Abande Dlamini issued an interim order interdicting the PSAs from continuing with the strike action.  
The matter is still pending in court.
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